NCSB Newsletters

01 Apr 2008 10:59 AM |
Anonymous

SPRING 2008 NEWSLETTER

PRESIDENT'S MESSAGE

By: Karen Goltz Stein

As I write this Spring Newsletter Punxsutawney Phil has just seen his shadow, predicting six more weeks of winter. Being Pennsylvania born and raised, I can't help mentioning our famous furry rodent as I hope for an early spring.

Last fall, at our annual NCSB conference in San Antonio, I had the pleasure of meeting with many of you. I have been attending NCSB conferences for the past several years and have always enjoyed and benefited not only from the topics presented but also from the camaraderie among the conference attendees. The San Antonio conference definitely continued this same wonderful tradition, as many of the attendees noted on their conference evaluations the excellent opportunities for networking and small group discussion. NCSB members thank those who attended and provided feedback. The conference ratings were very good, indicating that overall our attendees' conference expectations were met. NCSB would like to again thank our keynote speaker, Cheryl Sancibrian, former chair of the Texas Board, for her excellent presentation-as well as all of the speakers and facilitators who helped to make this conference the second largest attended in NCSB history. Thanks must also be extended to Marilyn Thaden, who presided over this well attended conference as our 2007 NCSB President.

As always, the pre-conference Board training was extremely well received and reviewed by the attendees. The content and quality of information in the presentations and the handouts was rated as excellent. I remember attending this training as a new board member and feeling that I not only left with an incredible amount of very useable information (in a very heavy binder), but also with a new group of colleagues from all over the country to call upon when my state board had questions. Ayn Stehr, Louisiana Board attorney and NCSB members Theresa Rodgers and Glenn Waguespack again provided this excellent training and we thank them.

With any event or conference, there is always a great deal of "behind the scenes" work in selecting the venue and making all of the arrangements. Doreen Oyadomari, our 2006 Past President and current board member, has played a key role working tirelessly to assure that conference accommodations were optimal. Thanks to Doreen for attending to the details, keeping us within budget and always doing so in her unassuming way. I know that she is already busy working on this year's conference!

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Congratulations to Bob Oyler who is our President-Elect. He will be leading our 2008 conference planning activities. Glenn Waguespack and Doreen Oyadomari were elected to another term on the NCSB Board of Directors, while Lisa O'Connor from California is welcomed as a newly elected Board member. I am also pleased that Theresa Rodgers will continue her role as a very valued member of the Board, and Glenn Waguespack will continue as the NCSB Editor. Florence Cuneo and Alma Peters will serve as the NCSB Secretary and Treasurer, respectively, while Ken Gist will continue as Executive Secretary. NCSB is a small board and requires every board member's time and attention. I thank them all for their service.

In January NCSB sent each state Board a letter requesting either a renewal or new membership. Individual membership renewal letters were sent out as well. If your state is already a member, please check to make sure that your renewal form and dues have been sent. If you are from a state that is thinking about membership, please consider it seriously. NCSB is the only organization that is devoted to supporting the work of licensing boards in our two professions. We provide a connection that otherwise would not exist among the different boards. Being a non-profit organization, NCSB operates on a limited budget and with volunteer staff, relying on your membership dues to sustain our financial base so that the many benefits of membership may continue. Each year NCSB provides an active listserv, publishes two newsletters, and organizes an annual conference addressing timely topics of concern to licensing boards. In order to continue to provide these services, we ask every state board to join us as NCSB members. Please renew your membership, or if you are not currently a member, join now.

The NCSB Board will be meeting the weekend of March 15th to begin planning the fall 2008 conference. It will be held October 16-18th at the Marriott in Tysons Corner in Vienna, VA. Please mark your calendars and "save the date." Join us for the 21st Annual NCSB Conference.

INSIDE THIS ISSUE

Reporting of SLPs & AUDs to Data Bank............................

Summary of 2007 NCSB Conference..................................

State Information Exchange.............................................

Board of Directors.......................................................

Reporting of Speech-Language Pathologists and Audiologists to the National Practitioner Data Bank and Healthcare Integrity and Protection Data Bank

By Donald Illich and Robert Oshel

The U.S. Department of Health and Human Services, Health Resources and Services Administration maintains two medical disciplinary data banks of which members of State boards for speech-language pathologists and audiologists, as well as individual practitioners, should be aware. The Healthcare Integrity and Protection Data Bank (HIPDB) and the National Practitioner Data Bank (NPDB) are flagging systems that were set up to be used in combination with information from other sources in making determinations on employment, affiliation, certification, or licensure decisions. The HIPDB and NPDB (collectively the Data Banks) information is designed to augment and/or verify, not replace, other sources of information. This practitioner-specific information is not available to the general public.

Speech-pathology and audiology State boards are required to report to the HIPDB certain adverse licensure actions taken against their licensees. Other actions that are reportable to the HIPDB concerning individuals in these professions include exclusions from Federal and State health care programs, health plan actions (e.g. contract terminations), government administrative actions, and health care-related judgments and convictions. The actions that are reportable to the NPDB include exclusions from Federal health care programs and medical malpractice payments. For more information on reporting to and querying the Data Banks, see the NPDB-HIPDB Web site at

http://www.npdb-hipdb.hrsa.gov/ and previous articles in issues of the National Council of State Boards of Examiners for Speech Language Pathology and Audiology (NCSB) Newsletter.

As of September 30, 2007, 283,903 reports concerning 166,765 individual practitioners were in the HIPDB. Slightly more than 75 percent of all reports were of State licensure actions (216,580) and 17 percent were for Federal and State health care program exclusion actions (48,352), with the remaining eight percent for health care-related judgments or convictions, government administrative actions, and health plan actions (e.g. contract terminations). In contrast, the NPDB had 425,057 reports on 246,024 practitioners with about 73 percent of them for malpractice payments (310,511), 15 percent for licensure actions (63,546), and eight percent for Medicare and Medicaid exclusions (34,173). The remaining four percent were for clinical privileges/panel membership, professional society membership, and Drug Enforcement Administration (DEA) actions.

Speech-language pathologists and audiologists are among numerous health care practitioner groups that have reports in both Data Banks. The following table shows the number and type of reports concerning speech-language pathologists and audiologists that are in the Data Banks as of September 30, 2007.

Note: All tables not included due to formatting transference problems, but can be viewed in the newsletter hard copy.

The NPDB also had 55 reports for audiologists and speech-language pathologists. Twenty-nine of the NPDB reports concerning audiologists were for malpractice reports, one was a clinical privileges/membership action, and 18 were exclusions, which were also reported to the HIPDB. Only one speech-language pathologist was reported to the NPDB for one medical malpractice payment.

These statistics should give members of State boards and practitioners a good idea of what has been reported to the Data Banks and how the data might be useful in promoting their missions.

Board members and practitioners interested in learning more about the Data Banks should visit http://www.npdb-hipdb.hrsa.gov/. The site includes interactive training on reporting to the Data Banks, information about the public use file; data on reports, including HIPDB reports submitted by State agencies and health plans (under Statistical Information, Data by Profession and State); annual reports; and instructions for reporting and querying. There is also a Customer Service Center that can be reached at 1-800-767-6732.

RESPONSE TO REGULATORY ISSUES FOCUS OF 2007 NCSB CONFERENCE

The twentieth annual NCSB conference was held in San Antonio, Texas, October 4-6, 2007. The meeting began with the pre-conference Board Member Training on Thursday (see details elsewhere in this publication). The conference theme "Rollin' on the River: Response to Regulatory Issues" focused on the topics of encroachment, national accreditation and certification, analysis of regulatory standards, disciplinary action, and updates on exemption-free licensure, strategic planning, and the 4th year AuD student. Highlights of the conference included:

* Cheryl Sancibrian, former Chair of the Texas Board of Examiners, delivered the keynote address by presenting a historical perspective of the challenges and successes of licensure in Texas. Urging participants not to ever become complacent about what has transpired, Ms. Sancibrian discussed encroachment from other professions and reported on legislation to reduce standards for licensure as a means of alleviating shortages of school-based SLPs and AUDs. Her presentation covered the gamut of challenges faced by licensure boards, including portability, personnel shortages, reimbursement, scope of practice issues, autonomy, telepractice, and the use of support personnel.
* A panel discussion, "National Accreditation & Certification Standards: Do New Graduates Meet Licensure Requirements?", was led by Robert Oyler (MD), Theresa Rodgers (LA) and Glenn Waguespack (LA). Participants explored the impact that new accreditation and certification standards have on existing licensure laws, with particular emphasis on mobility issues and the variation in licensure standards from state to state. Attendees were then placed in small groups to develop and report on strategies for analyzing existing regulatory standards. Group facilitators included Doreen Oyadomari (AL), Karen Stein (PA), Marilyn Thaden (MT), and Gwen Wilson (SC).
* The State Information Exchange, facilitated by Florence Cuneo (AL), allowed participants to network and share successes and challenges faced by their licensure boards. A summary of the State Information Exchange is included elsewhere in this newsletter.
* Saturday morning sessions began with a group activity entitled "Disciplinary Action: Analyze This!". Regulatory cases with sanctions based on either consent orders or disciplinary hearing were presented, and attendees were asked to analyze each scenario to determine whether the procedures and sanctions were appropriate in each case.
* Updates on Hot Topics in Regulation covered the issues of encroachment presented by Cheryl Sancibrian (TX), exemption-free licensure by Sharon Sorensen (MD), strategic planning for regulatory boards by Alma Peters (WI), and the 4th year AuD student by Kerry Ormson (TX).
* Completing the conference was a panel discussion entitled "Ask the Experts". Panelists Pam Ison (KY), Joyce Parsons (TX), Roberta Silver (PA), and Margaret Hemm (AL) fielded questions from the audience on topics specific to board members, board administrators, and board attorneys.

Responses to questions on the evaluation forms will be utilized in planning the 2008 conference. Once again participants have requested an interactive program format.

STATE INFORMATION EXCHANGE-2007 NCSB CONFERENCE

Each year states are asked to report on successes and challenges experienced by their respective licensing boards during the past year. Following is a summary of licensure activities reported by states attending the San Antonio conference.

Alabama-Changed statute and rules. CE now counted in hours rather than minutes. Clarified clinically relevant as well as associated; ethics now consider clinically relevant. Had consumer complaint alleging gross negligence; rules unclear; may need to revise definition of gross negligence. Board has provided $17,000 toward CE offerings in state.

Arkansas-On-line renewals for first time with 1/3 participation. Offer on-line verification of licensure. CF requirements for audiologists is statutory and board would like to change it, but there is potential opposition.

California-Undergoing sunset review. Would like to have universal licensure and administrative processes. Ability to assess language capabilities of foreign-educated grads is concern. APD being diagnosed by educational psychologists. School districts being sued because parents want special ed services which they can get for APD. Two new masters-level SLP programs in state. Looking at adding audiology support personnel. Weill begin on-line renewals in 2008. Advise sharing disciplinary actions with ASHA and AAA to address reciprocity issues.

Georgia-School practitioners still exempt. Five Master's programs in state so no shortage; however, there is no audiology program in the state. July 2006 law went into effect in January; now in rules writing process. Challenge because law requires paid professional employment even for those with doctorates in audiology. Provisions for telecommunications and speech aides in new law.

Kentucky-Made limited change to statute requiring AuD or equivalent. Licensure board proposed changes rather than state association. Revisited scope of practice and added dispensing under audiology license; expect some challenges and opposition. Meeting set up to address opposition form hearing aid dispensers.

Louisiana-Revised rules added web-cam supervision. Added substantive changes to supervision regulations to include supervision in all work settings. Added summary suspension of license. Held first-ever license revocation hearing. Continue to do presentations at universities and at state association meeting. Held CE activity offering up to 6 hours. Complaints primarily about supervision issues. Searching for new administrator.

Maryland-Merged board. Revised statute have been working on for two years. Major problem with ENT opposing certain elements of bill, including work "diagnosis". No more equivalency. Have limited license for someone with degree but not clinical training. Working on rules and regulations, including supervision of students.

Mississippi-Thirteen professions under Dept. of Health. Tried to establish on-line renewals but had difficulty within department. Head of DHH had restraining order filed against him. Board becomes fully functional again in October.

Missouri-Advisory commission reports to board. Hearing aid dispensing written into audiology licensure this year. Audiology license increased from $50 to $250 and part goes to hearing aid dealers' board.

Montana-Training program in SLP about to begin. Shortage in rural areas. Rules regarding supervision of three categories of aides. Defining adequate supervision in terms of % of time, on-site, etc. Dispensing in scope of practice; 40 AUDs still pay fee to hearing aid dispensing board.

Ohio-Dealing with SLP shortage; discussing possibility of SLP assistants. Would have to have completed one year of study in SLP with experience in the permit setting, # of hours of clinical experience in first year of graduate study. Would get stipend from school system plus full benefits. 50 individuals considering the program for next year; license cannot be renewed after 2 years.

Oklahoma-Working toward on-line renewals. Concerned about encroachment by hearing aid dealers; referring to themselves as audioprosthologists. Have worked on long-range strategic plan. Trying to expand investigator list. Looking at presentations to clarify difference between licensure and certification. Only state that does not allow a non-doctoral level audiologists to move to the state and obtain a license.

Ontario-CASLPO has 500 audiologists and 2500 SLPs; fee of $00. New alliance of regulatory bodies in Canada. Publishes magazine. Have preferred practice guidelines on a number of topics. Spend time making public aware of what AUDs and SLPs do with posters and radio ads. Worked to require licensure for hearing aid dispensing; now anyone can dispense. Did not pass.

Pennsylvania-Unique in that teacher of deaf and hard of hearing are included in law. Persistent problems with board vacancies and recruiting interested individuals. Revising regulations including updating practicum requirements, CF requirements. Would like to move to single credential rather than teacher certification and licensure. Imposed civil penalty for lapsed license and failure to complete CE.

South Carolina-Mandatory on-line renewal; 99% renewed on-line. Hearing dealers concerned because they are not under structure of same dept. of state. AUDs stopped a regulation change for HA dealers. Danger in opening up practice act. Created new powerpoint on licensure for university presentations.

Wisconsin-Merged board. Drafting changes on statute complete and now have sponsor. Board presents at universities and at state association meetings.

APPLICATIONS FOR BOARD MEMBERSHIP & INDIVIDUAL MEMBERSHIP

The mission of the National Council of State Boards of Examiners for Speech-Language Pathology and Audiology (NCSB) is to facilitate the role of licensure boards through communication and education. In keeping with this mission and the need for state boards to have a forum for networking, NCSB encourages all state licensing boards involved in the regulation of speech-language pathology and audiology to apply for membership in the Council. The application is for membership from January 1-2008-December 31, 2008, and the application fee for state boards is $350.00. NCSB has membership for individuals who are or who have been a member or an executive officer of a unit responsible for licensing and/or certifying the practices of speech-language pathology and audiology. Dues for individual membership are $25.00 per year.

Applications for membership should be mailed to:

National Council of State Boards

P.O. Box 326

Wellsburg, WV 26070

For further information contact Ken Gist at (304) 737-2395.

21st ANNUAL NCSB CONFERENCE

October 16-18, 2008

Vienna, Virginia

Make plans to attend the 21st annual NCSB Conference in Vienna, Virginia. The conference will begin on Thursday, October 16, by offering a full day of training for board members. This interactive activity will provide attendees with information regarding rule making and statutory authority, as well as training regarding resolutions of complaints and a mock disciplinary hearing. On October 17 and 18, the focus of the conference will be on current issues in regulation and the manner in which states are addressing the issues. The State Information Exchange will allow for networking and problem solving as attendees discuss successes and challenges facing their boards.

This year's conference will be held at the Tysons Corner Marriott Hotel in Vienna, Virginia. The hotel is 16 miles from Dulles Airport and 16 miles from Reagan International Airport. Estimated taxi fare from either airport is $35.00 one way. Participants can also take the Metro from Reagan Airport. The metro stop is about 3 miles from the hotel, and the hotel provides shuttle service during non-peak hours. Taxi service is available during peak hours. The hotel is located near the Tysons Corner shopping centers, one of the top 5 shopping areas in the country. Tysons I and Tysons II boast over 300 shops.

The NCSB Board of Directors is meeting in March to finalize conference plans. We invite you to attend and network with other licensing board colleagues. Note: Watch for complete conference details, registration information, and hotel information in the next newsletter. Registration information will be mailed in late summer.

SYNOPSIS OF MINUTES: ANNUAL CORPORATE MEETING

October 5, 2007

Following is a summary of the minutes from the annual corporate meeting in San Antonio, Texas. The minutes will be circulated in their entirety and voted upon at the next corporate meeting to be held in conjunction with the NCSB Conference in Vienna, Virginia.

1. Minutes from the 2006 corporate meeting were distributed and approved.
2. Ken Gist, Executive Secretary, reported that there are currently 29 State Board Members and that a total of 54 individuals had registered for this conference.
3. The treasurer's report was presented and approved, as was the budget for 2008.
4. The election results were announced, and it was reported that Robert Oyler from Maryland will assume the office of President-Elect. Newly elected board members are Lisa O'Connor from California, Doreen Oyadomari from Alabama, and Glenn Waguespack from Louisiana.
5. The newsletter will continue to be published twice a year. State boards are encouraged to submit information about regulatory issues in their states.
6. It was announced that NCSB would present a poster session at ASHA in Boston The session, "Professional Licensure: Evolution and Revolution", is scheduled for Friday, November 16 from 10-11:30.
7. Florence Cuneo, NCSB Secretary, is in the process of updating the state directory. States were asked to submit changes as needed. The directory is distributed at no charge to member state boards.
8. Doreen Oyadomari announced that the 21st annual conference will be held October 16-18 at the Marriott Tysons Corner in Vienna, VA. Attendees were asked to submit possible topics for the conference.
9. Marilyn Thaden, outgoing NCSB President, presented to the gavel to Karen Goltz Stein, incoming President.

UPCOMING NCSB ELECTIONS

After March 1, a call for nominations for NCSB officers will be sent to all member boards. According to the bylaws, the President-Elect is selected from the current Board of Directors. Directors eligible to be nominated for President-Elect include:

Florence Cuneo Doreen Oyadomari Alma Peters

Theresa Rodgers Glenn Waguespack Lisa O'Connor

Marilyn Thaden

In addition to the President-Elect, NCSB is soliciting nominations for three positions on the Board of Directors. Those eligible for these positions include either persons from member state boards or persons holding individual membership in NCSB. Please participate in the election process by completing the nomination form that will be sent to your state licensing board.

PRE-CONFERENCE WORKSHOP PROVIDES BOARD MEMBER TRAINING

Attended by fifteen individuals representing ten states, the annual pre-conference workshop held on October 4, 2007, focused on all aspects of board service. Ayn Stehr, a board attorney with a background in administrative law, discussed statutory authority, including the rulemaking process and the disciplinary process. Following that presentation was a mock disciplinary hearing that delineated the entire process from the initial letter of complaint to the testimony of witnesses to the imposition of sanctions for each of the violations. Members of the audience served as the hearing panel and participated in the questioning of witnesses, in the examination of evidence, in deliberation of the testimony, and in the determination of appropriate sanctions.

A review of sample complaints was utilized to provide participants an opportunity to put into practice the information gleaned from the attorney presentation and from the disciplinary hearing. Ethical situations and dilemmas relating to the practice of speech-language pathology and audiology were employed to guide board members through the logical process of ethical decision-making and to provide them with an opportunity to receive and review complaints that might come before a regulatory board. Instruction was provided in drafting a consent order in response to some of the complaints, as well as suggestions for coding in reporting of sanctions to the national data bank.

Included as part of the training was a comprehensive reference manual containing information on the characteristics of licensure laws and regulations throughout the country. It also included samples of model legislation, samples of state licensing laws, and examples of licensure board exams. A section on emerging issues referenced telepractice regulations, while another included the reporting of sanctions to the national data bank. Plans are to offer the training as part of the 2008 conference in Virginia. Look for details in the summer edition of Licensure.

SPOTLIGHT ON LICENSURE BOARDS

Nebraska LAP Achieves High Ratings on Client Satisfaction with Services

Nebraska Licensee Assistance Program clients with alcohol/drug abuse or dependency problems may be embarrassed or ashamed and find it difficult to ask the NE LAP for help. Some clients are referred for services because they are in legal, practice or employment trouble and they are angry about their referral. In some cases, our clients are upset with their diagnosis or treatment recommendations. Some are just not ready to give up drinking or drugging and are resistant to receiving the NE LAP's assistance.

In each and every type of licensee situation, the NE LAP strives to provide professional and compassionate service to the licensee. A review of the satisfaction ratings from the forty-four NE LAP clients who returned our satisfaction questionnaires over the past two year period indicated the NE LAP maintained excellence in services to all licensee clients.

100% were able to successfully contact the NE LAP when needed.

98% were treated courteously, professionally, and in a timely fashion.

Included with the satisfaction ratings were many positive comments on the NE LAP services. The following two seem to sum up the sentiments of the licensees who felt the NE LAP had been very helpful to them.

"I would like to thank the NE LAP for their part in my sobriety. Even though I work with patients on a daily basis who are dealing with substance abuse issues, I could not abstain from alcohol abuse until the NE LAP told me that I needed to abstain. Again, thank you for your support and guidance in my recovery"*

"I was very satisfied. I really enjoyed talking with Judi. It gave me a sense to see some things I have accomplished. And also to give a person a look at my life before my world of crimes and drugs and alcohol and the after life. I was very pleased with this program. I would definitely refer a colleague to the NE LAP."*

If you are a licensed health service professional and would like to take advantage of the NE LAP services, please contact the NE LAP at (800) 851-2336 or (402) 354-8055 or visit our website at http://www.lapne.org/.

Question-What value did Alabama see for joining an organization like NCSB in 1979?

Wanda Rawlinson chuckled and said "You have to remember that this was before the date of the internet and there was a real need to be able to network and share information with other states. We all had similar issues we were facing and to be able to have a forum to actually discuss these issues with other states was invaluable."

Question-Now that we have the internet and endless information access, why do you continue to find value in NCSB?

Wanda responded "Chat rooms and bulletin boards are helpful but it's still much better to be able to get together and talk. I get so much out of the group discussions at the annual meeting. It's great to be able to put a face with the story."

Question (directed to Board Chair)-Is there anything interesting/unusual going on with your Board?

Margaret Hemm replied "In fact there is and it's the result of the last NCSB meeting in San Antonio. We always have a Board meeting at our state convention and this year the entire Board is coming in a day ahead and we're going to develop a 5 year Strategic Plan. There are so many issues that come up at the NCSB meeting such as telehealth and foreign trained therapists that we don't have time to deal with at our monthly meeting, but they need to be part of a plan.

Question-As Chair, what do you get out of attending NCSB's annual meeting?

"For me it's getting the bigger picture of what is going on around the nation. And the Board training that happens the day before is invaluable let me tell you why. As part of the training there's a mock trial that helps participants to understand the process of a trial and the power of the Board and the consequences of their actions. We no sooner got back from that meeting when we found ourselves preparing for a trial of our own."

NCSB WELCOMES NEW BOARD MEMBER

Lisa O'Connor, a speech-language pathologist from California, was recently elected to serve a three-year term on the NCSB Board of Directors. After receiving a Master's degree from California State University, Los Angeles, Lisa worked in the public schools as a speech-language specialist, as well as a program specialist and Special Education consultant. During her 20 years as a faculty member in the Department of Communication Disorders at California State University, Lisa taught courses at both the undergraduate and graduate levels. She also served as the Clinical Director of the on-campus speech and language clinics and supervised students both on and off-campus. She is currently involved in early intervention serving children from birth to three years and has a small private practice in Marin County, California.

Lisa has served on task forces and committees developing guidelines for the use of support personnel. She is a past President of the California Speech-Language-Hearing Association and has served on the ASHA Legislative Council for over fifteen years. She recently served as Chair of the ASHA Ad Hoc Committee on Supervision facilitating the development of updated ASHA policy documents on supervision. Lisa is the current Chair of the Speech-Language Pathology and Audiology licensing Board in California. NCSB is pleased to have an individual with Lisa's professional and licensure experience as a member of the Board of Directors.

LOG ON TO THE NCSB WEBSITE

Please visit the NCSB website at http://www.ncsb.info/ and peruse the information that is currently listed. Send suggestions for items you would like to have included to member(s) of the Board of Directors.

NCSB LISTSERV

NCSB provides a listserv for state board members of NCSB and for individual members. The listserv is designed to post the latest issues in the professions and to provide licensees with an opportunity to share their views with other professionals across the country. Subscribe to the NCSB listserv.